Enforcement notice issued over Abela’s hidden asset declarations

Aqra bil-Malti

The Information and Data Protection Commissioner has issued an enforcement notice against the Office of the Prime Minister (OPM) over its handling of a Freedom of Information (FOI) request by The Shift, ordering it to publish cabinet members’ asset declarations for 2023 within 20 days.

In a decision issued shortly after The Shift filed its complaint, the OPM was given 20 days to publish the requested documents or provide a reason “according to the law” to justify its refusal.

Commissioner Ian Deguara stated: “The response given by the OPM to The Shift News did not meet the requirements of the FOI Act, specifically failing to cite the appropriate reason(s) for refusal according to Article 14 of the Act.

The OPM shall comply with this enforcement notice with immediate effect and by not later than 20 working days from the date of service of such notice.”

Prime minister’s refusal to disclose declarations

Prime Minister Robert Abela had previously released cabinet asset declarations for 2021 and 2022 without issue. However, for months, he has refused to disclose the 2023 declarations.

Following The Shift’s revelations about the missing declarations, Abela insisted in parliament that the documents had already been made public. However, when pressed, it became evident that this was false, as he had never tabled the declarations.

Subsequently, Abela shifted his stance, claiming the declarations would not be published as he was working on reforms to improve transparency. Two months ago, he said the reform was at an “advanced stage,” but no updates have followed.

The Standards Commissioner has also called on the prime minister to publish the 2023 declarations, stating there was no legitimate reason to delay their release while working on reforms.

Requests for the documents have also been denied by the prime minister’s cabinet secretary, Ryan Spagnol, and through a formal FOI request. The OPM has argued that these records were for the prime minister’s scrutiny.

The question is, who is scrutinising Robert Abela’s declarations?

Questions over financial disclosures

Abela’s 2021 and 2022 asset declarations sparked controversy, as his declared income appeared to be inconsistent with his lifestyle and property acquisitions, including land purchases in Gozo.

These disclosures led to speculation that undeclared assets held by his wife, Lydia Abela, may have been used to bypass transparency requirements.

Notably, Abela did not declare any assets held by his wife in either 2021 or 2022.